Legal Question in Real Estate Law in India

hello,

i have purchsed flat in ahmedabad recently, it is ready possesion flat and i have bought from builder.

builder has started giving possesion 2 to 3 years back,it is come to my notice now that builder is not giving handover of society to member while society is already registered in 2012.

builder is not properly maintaining the flat and he is also collecting maintainance charges from member.,and he has given some flats on rent and generating income from that.

i have few queries as below pls reply.

1.we are 20 to 25 members residing in flat can we take charge of society and what is the process for that.

2.can he use coommon areas like basement parking for giving on rent?

3.in sale deed he has mentioned that terrace will be in ownership of builder can he do so?

Pls advice


Asked on 12/08/15, 2:25 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

First of all you need to see the Bye-Laws of the Society. What are the provisions regarding appointment of Committee / Management of the Society. You have to act accordingly. If there are no bye-laws, then you can move to the Registrar Cooperative Society directing the Cooperative Society to Frame Bye Laws. Also, you can move to the Registrar of Society to hold and election of the society for appointment of Office Bearers of the Society including its committee members. There after, you can take control of the society in your hand.

Since full facts are not with me, i cannot advise you aptly. But this is general advise. You can contact me with papers for precise legal follow up.

Let me know should you have any questions. I am based in Ahmedabad. You can reach me on my Website www.vnmlaws.com

Regards

Vivek N Mapara

Advocate.

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Answered on 12/09/15, 3:47 am


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